can present information to the Board to enable the Board to make the decisions for which it is responsible under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.). (2) Substantive Economic Regulations, which prescribe to those within the Board's jurisdiction various substantive and procedural requirements relating to specific areas of air carrier operations. (3) Statements of Policy, in which the Board announces a trend it will develop or a future course of action it will follow in a particular area of decision; this policy is then used as a guide in deciding specific cases which reach the Board. (4) Special Regulations, which deal with matters, and prescribe duties and conduct for both air carriers and Board employees, which do not fall within the other Board regulations. (5) Organization Regulations, delegating matters to the Board's staff and describing how the public may deal with the Board in obtaining information. § 384.4 Offices. The central offices of the Civil Aeronautics Board are located in the Universal Building, 1825 Connecticut Avenue NW., Washington, D.C. Its mailing address is Civil Aeronautics Board, Washington, D.C. 20428. The Board's Bureau of Accounts and Statistics maintains field offices in New York City and San Mateo, Calif. The hours of business for Board offices are 8:30 a.m., to 5 p.m., local time, Monday through Friday, excluding legal holidays, unless otherwise provided by statute or Executive order. § 384.5 Public hearings. Public hearings and oral arguments before the Board on applications and petitions in economic proceedings are held at the time and place announced in the notice thereof which is served on the parties to the proceedings and published in the FEDERAL REGISTER. chapter of this Title 14 of the Code of Federal Regulations. Other instructions concerning the use of forms, and the scope or content of material required or permitted to be filed or maintained are set forth in the Board's Economic, Special, and Procedural Regulations, and its Policy Statements, in this chapter of this Title 14 of the Code of Federal Regulations. If the form of any document required or permitted to be filed is not prescribed, such document shall be in letter form. Any other request of the Board of any kind shall be directed to the Secretary. § 384.7 Organization and delegation of authority. The five Board Members, one of whom is the Chairman and presiding officer, act to carry out the duties and responsibilities of the Civil Aeronautics Board under the Federal Aviation Act. The Board's staff is divided into several bureaus and offices, which are generally described below. A detailed description of the Board and its components is published in sections 110-195 of the CAB Manual, which is available for inspection and copying in the Public Reference Room at the Board's offices. The various delegations of authority from the Board to the different staff components are described in detail in this Title 14 of the Code of Federal Regulations, Part 385 of this chapter. Generally speaking, the Board's staff comprises: (a) The Office of the Executive Director, which assists the Chairman in the discharge of his functions as executive and administrative head of the agency; coordinates and directs the activities of the staff; and recommends and develops plans to achieve the Board's program objectives. Within the Office of the Executive Director or reporting to the Executive Director are: (1) The Office of Information, which is responsible for keeping the public and the air transport industry advised of major actions of the Board, and for serving as the primary channel through which inquiries from the public, the press, or the industry are answered. (2) The Office of Community and Congressional Relations, which represents the Board in dealing with representatives of State and local communities and civic groups; identifies community interests and develops recommendations of Board policies and actions relating thereto; and maintains liaison between the Board and Congress. (3) The Office of the Comptroller, which administers the Board's financial management system, including participation in the fundamental aspects of program development, execution, review and evaluation; performs fiscal and administrative accounting activities, including those relating to the budget and the payroll; and administers subsidy payment functions. (4) The Office of Facilities and Operations, which is responsible for the provision of facilities and central operating and support services essential to the efficient and effective conduct of operations throughout the agency. The General Services Section within this Office deals with acquisition, planning and assignment of office space, procurement and supply. Also contained within this Office are the Communications Services Section, which maintains the Board's internal directives system and central filles system; and is concerned with records and paperwork management. The Records Services Section maintains records on air carrier authorities, schedules, route maps and mileages, and air carrier financial and operational statistical reports; it also maintains a Public Reference Room for use of the public in examining Board material. The Publications Services Section, which distributes public documents issued by the Board, and the Library are also included within this Office. (5) The Office of Management Analysis, which conducts a continuing program of operational analysis; and analyzes and promotes improvement in program and management policies, practices, methods, procedures and organizational structures. (6) The Office of Personnel and Security, which administers a personnel program designed to meet the needs of the Board and its employees and administers the agency's security programs. (b) The Office of the Secretary, which functions as a clearing house and repository for Board documents. It receives, records, files, distributes and serves copies of official docket material and records; performs the functions involved in processing material from the staff requiring action by the Board; records Board actions; issues, digests and indexes official documents evidencing such actions; and authenticates Board records for any official purpose. Pursuant to the Federal Aviation Act of 1958, the Secretary has legal custody of records and documents as specified therein. (c) The Bureau of Operating Rights, which is the Board component involved principally in the licensing of air carriers and the maintenance of proper competitive conditions among air carriers. Matters involving certificates, permits, mergers, and exemptions for scheduled, supplemental, foreign, helicopter, and all-cargo air carriers, freight forwarders, and air taxi operators are handled by the Bureau of Operating Rights. (d) The Bureau of Economics, which is the ratemaking and economic research and forecasting component of the Board. Staff work on commercial passenger, baggage, and freight rates; service mail rates; subsidy rates; and military charter rates; and ascertainment and evaluation of economic data and trends affecting commercial air transportation are the roles of this Bureau. (e) The Bureau of Accounts and Statistics, which is responsible for developing and administering a fact-finding facility adequate to support the Board's economic regulatory program. This Bureau is concerned with developing and administering uniform systems of carrier accounts and reports; preparing accounting and statistical data for release in the Board's official publications; administering and operating the Board's automatic data processing facilities; and generally operating as the Board's expert arm in accounting and statistical matters. (f) The Bureau of Enforcement, which is responsible for the development and execution of programs to obtain compliance with the provisions of the Federal Aviation Act of 1958 and of the regulations, orders, and other requirements promulgated by the Board. Both formal and informal investigations of alleged or suspected violations of the Act and the Board's regulations are conducted on the Bureau's own initiative, or on the basis of formal or informal complaints received from the industry, the public, the Congress, or other Government agencies. (g) The Bureau of International Affairs, which advises the Board on the formulation of positions to be taken by the United States on matters involving international air transport matters; serves as liaison between the Board and the Department of State and the Interagency Group on International Aviation; and provides representation in connection with international conferences and negotiations or discussions with foreign countries on air transport matters. (h) The Bureau of Hearing Examiners, which provides hearing examiners for the conduct of all formal proceedings under Titles IV and X of the Federal Aviation Act, including those for issuance of certificates of public convenience and necessity concerning both domestic and foreign operations, and issuance of foreign air carrier permits; mail, property, and passenger rate cases; mergers, acquisition of control, and interlocking relationships; and economic enforcement cases. (i) The Office of the General Counsel, which is responsible for advising the Board, its staff, industry representatives, and the public on legal aspects of the Board's regulatory activities; representing the Board in litigated matters; assisting attorneys in other offices and bureaus as required; representing the Board in negotiations and at conferences where legal matters are involved; and representing the Board on Government committees and committees of international organizations. (Sec. 1001, 72 Stat. 788, sec. 4, 80 Stat. 383; 49 U.S.C. 1481; 5 U.S.C. 553) [OR-20, 32 F.R. 8797, June 21, 1967, as amended by OR-38, 34 F.R. 7651, May 14, 1969; 34 F.R. 7900, May 21, 1969] The Board publishes a regulation in Part 310 of its Procedural Regulations in this chapter concerning the availability for inspection and copying of Board orders, opinions, and records. That regulation states in detail what information is available at the Board, and what records may be inspected, and discusses the use of the Board's Public Reference Room. Generally speaking: (a) The Board maintains a Public Reference Room in which are kept copies of Board opinions (including concurring and dissenting opinions), orders, regulations, rules of practice, statements of policy. and interpretations of general applicability. the Public Index to Board materials. the CAB Manual, certain financial reports and data filed by air carriers, and copving facilities. The records of the proceedings in formal cases are kept in the Board's Docket Section. The Board's Library maintains legal reference books, regulatory commission re ports, texts, and treaties on air transport and other transport economics, and a wide variety of other books and publications concerning civil air transport and related fields. (b) The regulations, policy statements, and rules of practice of the Board are published in this Title 14 of the Code of Federal Regulations. They may also be inspected and copied in the Board's Public Reference Room, or purchased from the Superintendent of Documents, Government Printing Office. (c) The CAB Manual is a book of rules and instructions to the Board's staff on how to deal with various matters involving the Board's business with the public. It also contains a detailed description of the Board's organization and the responsibilities of each staff component. The CAB Manual may be inspected and copied in the Board's Public Reference Room. (d) The Publications Section periodically prepares a list of Board documents and publications which have been duplicated and are available to the public. Items offered for sale are available from the Superintendent of Documents, Government Printing Office, or other indicated sources on payment of a charge therefor. A list of available publications and free single copy items is available from the Publications Section upon request. The weekly “Notice of Applications or Amendments Thereto" and certain other publications are available to persons submitting written request therefor and payment of any prescribed fees to the Publications Section. (e) A list of forms (described and identified by number) which the Board uses in dealing with the public is available in the Board's Public Reference Room. Both the list of forms, which is subject to change and is therefore not published herein, and the forms themselves are available from the Board's Publications Section. (f) Various other materials and records are available at specific offices within the Board as specified in Part 310 of this chapter. 885.7 385.8 385.9 Exercise of authority by superiors or the Board. Exercise of authority in "acting" ca pacity and redelegation. Subpart B-Delegation of Functions to Staff 885.10 Delegation to Chief Hearing Examiner, Bureau of Hearing Examiners. 385.11 Delegation to the Hearing Examiners, Bureau of Hearing Examiners. 385.12 Delegation to the Executive Director. 385.13 Delegation to the Director, Bureau of Operating Rights. 385.14 Delegation to the Chief, Passenger and Cargo Rates Division, Bureau of Economics. 385.15 Delegation to the Chief, Tariffs Section, Passenger and Cargo Rates Division, Bureau of Economics. 385.16 Delegation to the Chief, Government Rates Division, Bureau of Economics. 385.17 Delegation to the Director, Bureau of Accounts and Statistics. 385.18 Delegation to the Chief, Accounting, Costs and Statistics Division, Bureau of Accounts and Statistics. 385.19 Delegation to the General Counsel. 885.20 Delegation to Associate General Counsel, Rules and Rates Division. 885.21 Delegation to Associate General Counsel, Routes Division. to Associate General Counsel, International, Governmental, and Carrier Relationships. 885.22 Delegation to the Director, Bureau of Enforcement. 385.21a Delegation 385.23 Delegation to Heads of Bureaus and Offices. Subpart C-Procedure on Review of Staff Action 385.50 385.51 385.52 Persons who may petition for review. Effective date of staff action. 385.53 Review by the staff. 385.54 Decision by the Board. AUTHORITY: The provisions of this Part 385 issued under sec. 204 (a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 1001, 72 Stat. 788; 75 Stat. 837; 49 U.S.C. 1481; Reorganization Plan No. 3 of 1961, 26 F.R. 5989. SOURCE: The provisions of this Part 385 contained in OR-19, 32 F.R. 8799, June 21, 1967 unless otherwise noted. Subpart A-General Provisions "Petition for review" means a petition asking the Board to exercise its discretionary right of review of staff action. "Staff action" means the exercise of a function of the Board by a staff member pursuant to delegation under this part. "Staff members" means officers and employees of the Board who receive delegated authority under this part. § 385.2 Applicability. This part describes the organization of the Board insofar as, pursuant to authority conferred on it by sections 202 (a) and 204(a) of the Federal Aviation Act and Reorganization Plan No. 3 of 1961, 26 F.R. 5989, the Board has delegated any of its functions of making orders or other determinations which are not required to be made on an evidentiary record upon notice and hearing or which are not the subject of contest, and the Chairman has assigned Board personnel to perform such functions. This part also sets forth the procedures governing discretionary review by the Board of action taken under such delegations. Applications for relief which, pursuant to this part, may be granted by staff members under delegated authority, and proceedings on such requests shall be governed by applicable rules in the same manner as if no delegation had been made (see § 385.5). In such proceedings, each staff member may determine any procedural matters which may arise, including, inter alia, service of documents on additional persons; filing of otherwise unauthorized documents; waivers of procedural requirements; requests for hearing; requests for additional information; dismissal of applications upon the applicant's request, moot applications, or incomplete or otherwise defective applications; and extensions of time. Such determinations, except those which would terminate the matter, shall be subject to review only in connection with Board review of the staff member's decision on the merits. The dismissal of incomplete or otherwise defective applications under authority set forth in this part shall be without prejudice except where under otherwise applicable law the time for making application has run out or where the defect is not corrected within a reasonable time fixed by the staff member. Under the authority delegated to the staff as set forth in this part to approve, dis approve, grant, or deny, relief may be granted or denied in part and grants may be made subject to lawful and reasonable conditions. Moreover, where applicable, the authority to grant relief also includes authority to renew or extend an existing authorization. § 385.4 Form of staff action. Unless otherwise specified in the delegation, staff action shall be by order or informal writing (letters, telegrams, decision marked on copy of application form, etc.). Such orders or informal writings shall contain a recital that action is taken pursuant to delegation, shall, in cases where there are "parties or interveners," or where there may be an adverse effect upon a person with a substantial interest, contain a brief reference to the right of aggrieved parties to petition the Board for review pursuant to applicable procedural rules, including a statement of the time within which petitions must be filed (§ 385.51); shall state whether the filing of a petition shall preclude the action from becoming effective; and shall be in the name of the person exercising the delegated function. They shall contain all findings, determinations and conclusions which would be required or appropriate if they were issued by the Board. Upon request, the Secretary shall attest as Board action orders or informal writings issued pursuant to this part which have become the action of the Board (§ 385.52). § 385.5 Procedures prescribed in other regulations. Procedures set forth in this part shall not supersede procedures applicable to matters on which decision has been delegated unless otherwise specifically provided herein: Provided, however, That any provisions in other regulations which provide for reconsideration of nonhearing determinations made by the Board shall not be applicable to decisions made under authority delegated herein or to Board decisions made upon review thereof. § 385.6 Referral to the Board. When the staff member finds that the public interest so requires, or that, with respect to other than matters requiring immediate action as hereafter specified, there will be insufficient time for discretionary Board review of his decision upon petition, he shall, in lieu of exercising the delegated authority, submit the matter to the Board for decision. In any case in which the staff member finds that immediate action is required with respect to any matter delegated herein, the disposition of which is governed by prior Board precedent and policy, the staff member may take appropriate action and specify that the filing of a petition for review shall not preclude such action from becoming effective. § 385.7 Exercise of authority by superiors or the Board. Any delegation of authority to a staff member below the rank of Bureau or Office Head shall also be deemed to be made, severally, to each of such staff member's superiors in the respective Bureau or Office. In accordance with the Board's principle of management responsibility in the Bureau or Office Head, the superior may choose to exercise the delegated power himself in any case, Moreover, the Board may at any time itself exercise any authority delegated herein. § 385.9 Effective date of delegations and procedures. The delegations and procedures set forth in this part shall be effective upon publication in the FEDERAL REGISTER. Subpart B-Delegation of Functions to Staff Members § 385.10 Delegation to Chief Hearing Examiner, Bureau of Hearing Examiners. The Board hereby delegates to the Chief Examiner, Bureau of Hearing Examiners, the authority to: (a) Consolidate, upon recommendation of the Director, Bureau of Economics (or such staff member of the Bureau of Economics as he may designate), into one proceeding cases involving the investigation of a tariff or of complaints concerned with related tariffs. (b) With respect to matters to be decided after notice and hearing: (1) Dis |